F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
E

Resident Refrigerator Food Storage Not Monitored

Legend Oaks Healthcare And Rehabilitation - Fort WKeller, Texas Survey Completed on 06-23-2026

Summary

The facility failed to ensure the storage of foods brought to residents by family and other visitors was safe and sanitary for 10 rooms reviewed: 103, 108, 204, 213, 302, 303, 305, 403, 408, and 616. During observations, multiple resident personal refrigerators were found without internal thermometers and without logs documenting daily temperature checks. In some rooms, the refrigerators also had brown fluid spilled in the bottom, and one refrigerator was observed sitting on the floor of the room. Several of the refrigerators had no posted temperature log at all, while others had logs that were not current. In one room, the last documented temperature check was on 03/05/26, and in another room the last documented temperature was in December 2025. The observations showed that the facility was not consistently monitoring or documenting refrigerator temperatures in the resident rooms. During interviews, CNA-A stated residents or their families were responsible for keeping the refrigerators clean and that maintenance was responsible for monitoring temperatures. The Maintenance Director stated housekeeping was responsible for checking and cleaning the refrigerators and said no one had told him about monitoring them. Other CNAs, an LVN, and RNs gave differing responses about whether housekeeping, maintenance, dietary, or nursing staff were responsible. The ADON stated housekeeping and maintenance had previously been responsible, but the process stopped, and nursing staff should check food removed from the refrigerators before residents consumed it. The facility policy titled Resident Personal Food Storage stated that designated staff would monitor food safety, refrigerator units would have internal thermometers, and staff would monitor and document refrigerator temperatures.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0813 citations
Personal Refrigerator Food Storage and Temperature Monitoring Deficiency
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Personal Refrigerator Food Storage and Temperature Monitoring Deficiency: The facility failed to follow its policy for foods brought in by family and visitors for two residents. Surveyors found personal refrigerators with temps outside the required range, missing documentation, undated and unsealed food items, and one freezer without a thermometer. The Activity Director was responsible for checking and logging refrigerator temps, but staff interviews showed inconsistent oversight and uncertainty about acceptable refrigerator and freezer temperatures.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Incomplete Refrigerator Temperature Logs
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Incomplete Refrigerator Temperature Logs: A resident with COPD, chronic respiratory failure, and functional quadriplegia had a personal refrigerator log showing temperatures had not been checked for months. Staff interviews showed the DON, nurses, and management were responsible for checking and documenting the refrigerator temperature during room rounds, but the log was not completed as required.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
No Refrigerated Storage for Food Brought in by Family or Visitors
F
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

No Refrigerated Storage for Outside Food: The facility failed to provide a refrigerator area for food brought in by family or visitors, despite a policy allowing such items to be stored in the food service dept. The Dietary Supervisor said staff stopped the food at the door and had no room for resident food, and Resident Council members reported there was no place to store it, so it had to be thrown away or eaten the same day.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlabeled Food Left in Resident Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident’s personal refrigerator contained an unlabeled, undated container of grilled chicken and Spanish rice that remained there during repeated observations. The resident, who had COPD, major depressive disorder, alcohol-related dementia, and moderately impaired cognition, said she was unaware the food was in the refrigerator and believed family had dropped it off during a visit. CNA and LVN staff confirmed the item was present, and the DON stated perishable food in residents’ refrigerators should be labeled and dated.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Improper Storage of Outside Food in Resident Refrigerator
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Improper Storage of Outside Food in Resident Refrigerator: A resident refrigerator in the activity room contained multiple unlabeled or expired food items, including meat tacos, pizza, watermelon, and mango slices. The DS, ADON, and DON stated outside food brought in by family should be labeled, dated, and discarded when expired or beyond 72 hours, but these items remained stored in the refrigerator without proper dates.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Improper Storage of Outside Food
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Improper Storage of Outside Food: Staff failed to follow the facility’s food storage policy for three residents’ outside food items. One resident’s food was undated, another was labeled only with a room number and kept beyond the allowed time, and a third resident’s food was also stored too long in the resident food refrigerator. CNAs, nurses, and housekeeping staff gave conflicting accounts of who was responsible for labeling, removing, and cleaning the refrigerator, while a posted notice required all food to be dated and labeled.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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